tv [untitled] January 21, 2011 4:30pm-5:00pm PST
legally permitted at a time when such a building envelope could have been permitted, which we believe was demonstrated at the previous hearings. i'm available for any questions. thank you. >> is there any public comment on this item? please step forward. >> members of the board of commissioners, thank you very much. i live a block away from 10 lundys lane. we used to have plates, our children, and spent a lot of time talking about her students at hillcrest elementary. it was not until i became the pta co-chair that are shared school that i realized how crucial dedicated teachers are
to our education and what a tragedy it would be if a teacher liked anne were forced to leave by the cost and complexity of the housing situation which she finds herself in. i am alarmed at the delays that have taken place to the permitting process on this property and even more alarmed at the prospects of another hearing will add more delay or cost. i am frightened they will be forced to leave and hillcrest will lose one of their best teachers. it is it isanne, who is committed to raising her kids in san francisco. they are not rich, they are a teacher and a documentary filmmaker, but i have put together enough money to put a downpayment on this house that
they were able to afford only because it is derelict. my own property is next door to what was a derelict house and i have sympathized with the neighbors who have had to put up with the inconvenience and difficulty of the construction on the neighboring site. the house their arrest has been changed into five condominiums, so there are many more people around, but it is worth it because a house without people in it is not the house, it is not a home, it is just a shell. a community without any people is not a community, and they are part of our school committee and the neighborhood in which i live, and it is very important to me that they should be up to stay. it is itanne and sam who have turned this into a neighborhood. i asked you to support them and improving this building environment. i ask you to support my friends and neighbors in their effort
to raise their children in our neighborhood and i ask you to support a teacher when all she is asking is the opportunity to raise children of her room. thank you. >> thank you. the next speaker? >> good evening. my name is mary lou, that i wasanne's -- and i was anne's school principal. i witnessed firsthand the effect she had on the school and the community at large. she is an exemplary teacher, valued by peoples, parents, and colleagues alike. she has been a mentor teacher to many teachers. hillcrest is a very diverse school and to have a teacher commit to helping the community
tirelessly, living in the community, near the committee -- near the committee, that paralyzed -- that parallels our goals. anne is dedicated. she comes early, stays late, takes a leadership role, and the teacher and the community alike look up to her. it her dedication to the children does not end to the classroom. she is one of the special people that can bring the community together. we were just talking about a student who is now 14 years old who we have in common and that we had connections with. i know that she wants to stay in the community and i really advocate and strongly recommend that her permit and sam's permit be approved.
and i also as an administrator know that the teachers don't make much money and that school is much more than just teaching, it is the community that the school is in. but you very much, because -- think you very much for the community and the life of san francisco. >> thank you. next speaker, please? >> hello, good afternoon. i was born and raised in the neighborhood. i live approximately 150 feet from the house at 10 lundys lane, and i it have new neighbors. we are extremely conscientious and they are repairing and
improving what is a dilapidated house. they're preserving the look in his store feel of the house, and without expanding the envelope of the house. i see this project as a modest remodel of what was a dilapidated house, and it has been delayed for months, and i encourage you to help move things forward today. if these plants continued to be slowed down by rehearing issues, as we have seen, there are two things that concern me. one it is that a house open and exposed it is detrimental to the neighborhood. a property that has been uninhabitable for two years is something that none of us as neighbors want to see. also, if the administration process goes from appeal to appeal, what after month, a few ordinary people are going to want to purchase such dilapidated houses.
the example of this very long to lay the have already suffered through several appeals that have not been found -- that have been found to be without merit discourages ordinary families from improve things such dilapidated houses and it sets a bad precedent for the neighborhood. like sam, i also worked in the nonprofit sector. i am passionate about what i do. like this family, i don't earn that much. i was able to purchase a fix up home and do a similar amount of work to it, only in a much faster time. it was the only way i could stay in the neighborhood in which i was born and raced. i encourage you to move this forward. this is a family that bought a house that really requires renovation, not an option. this family has a desire not
only to invest in our neighborhood in terms of improving the physical integrity of the structure but also on a community level by reaching out to neighbors, integrating their family, and becoming part of the fabric of our neighborhood. i really encourage you to encourage families to move and not discourage shots families from coming in. thank you for considering my views. >> next speaker? >> hello, i'm christina. i have aa knownnne for eight years. i had to move out a couple years ago because i cannot afford it. it is sad to think that anne and
sammy have to do that as well because it is so expensive to live the the city. anything you could do to streamline the process would be appreciated. >> thank you. are there any other public speakers on this item? seeing none, commissioners, the matter is submitted. commissioner peterson: i will start. i think this is a difficult case. i heard no new evidence, manifest injustice this evening, that would cause us to open this matter again, and i am inclined to deny the request for rehearing.
president goh: any other comments, commissioners? what i saw as potentially new evidence was in the form of a letter from the castillos, the question being whether that rear work had been done with a permit and allegation it was done without a permit. unfortunately, that was evidence that was presented at the last hearing, so despite the fact that the supporting documents are better this time, i would not find them to be new evidence that the support a hearing and i would be inclined to vote with the motion that the commissioner peterson was about to make. commissioner peterson: yes, i like to make a motion denying the hearing request.
>> if he could call the roll on that, please? >> we have a motion from commissioner peterson to deny the rehearing request. on that motion -- [roll call vote] hwang --commissioner hwang: could you pass? i'm still thinking about it. [roll call vote] hwang aye. >> the vote is 5-0, the rehearing request is denied a. >> thank you, call at five -- thank you, call item 5b?
>> callingb item >, housing court inc., verses the department of building inspection at 281 turk street. the protesting the issuance on may 24, 2010, to a drug's a permit to alter rebuilding. public hearings were held and closed on october 6, 2010, and a motion to grant appeal conditioned upon adoption of findings was approved on the october 13, 2010, and the motion reopened and the public hearing and receive additional evidence approved on december 15, 2010. we're here for further public hearing and possible action to reconsider the merits of the appeal and/or to adopt findings in support of the october 13 motion. thank you. >> thank you.
the permit holder, ll drugsc, -- the permit holder, bay drugs llc, is providing a certified court reporter and has asked that this be the official minutes of the meeting. we would need a motion. president goh: so moved. them is there any public comment on using the court reporter? seeing none, if you could call the roll on that. i>> on that motion from the president to deem the transcription the official record of this proceeding, commissioner fung? commissioner fung: aye. commissioner peterson: aye. commissioner hwang: aye. >> vote is 5-0, the
transcription is deemed the official record. >> you have three minutes. >> good evening, diana sam, for the permit holder up a drug. the only additional evidence presented by the appellant is a declaration by andre sanchez saying that he's all activity on the premises beginning on or about april 19. he said he sought to counter being erected but fails to say when. a drug installed counters after they received their permit. mr. sanchez also says he saw installation of electrical wiring but fails to note this was the day when the permit was issued. in any offense, who is mr. sanchez? his declaration fails to disclose that he is the appellant's attorney. ihe is giving legal advice to te appellant.
commissioner goh was very interested in seeing one of the speakers photos, sang there waspre-permit work done. -- saying there was pre-permit work done. i would like an opportunity to address those. this is not credible evidence or grounds for revocation of a permit that is already granted. iis the board wishes to ask any questions, we have the real- estate agent who signed one of the declarations, and i have the landlord also a. i also have here bay drugs contractor, and i would like him to tell you -- well, the
appellant also contended that a drug removed plumbing in violation of the plumbing code. the contractor will tell you what he did regarding the toilets. >> basically, what took toilets, simple site preparation, took the toilets to see what we were dealing with. set them aside, had the plumber come by to take another look, and put them back on again. it is standard procedure whenever you are starting a new job. that is it. >> thank you. >> i can only talk when invited
to do so by precedent goh, so with this board it receives additional evidence, i would welcome the opportunity to respond to that evidence. thank you. commissioner hwang: did you bring a backup for the declaration >>? no, i did not. commissioner hwang: what she on available today? >> she broke her ankle. [inaudible] shall i approach the bench, your honour's? there are two plumbing codes
there, 2007 and 2010. the one on the top is the 2007 plumbing code, which i think was the effective plumbing code during the time the permit was issued. i don't think there is any substantive dense difference between the two. >> ms,. morgan? >> first of all, i like to congratulate president goh and vice president garcia. i am sure that you'll continue to serve very well. you certainly have been impressive in our case, very
considerate. this has been a longslog, hasn't it? i would go back in just reiterate certain key points. one is that i initially submitted emails dated may 11 and may 25 stating they had constructed the counter wall. i mentioned that at the last hearing, that the counter wall this indescribable because the hastwo -- in has two cutouts described as it teller windows. it is clearly even in the photographs what would have been a counter where people would have walked up to buy their prescriptions. this was stated in the first email on may 11 and the jurisdiction request information, and again on may 25.
at that time, i have absolutely no clue what was happening, what was going to happen. she says i am biased, maybe, but that point i had no idea that any of these dated email references would be used in evidence. they were completely unbiased at that time, there were simply interoffice memos. also, in my previous submission, the last submission, but the contractor states -- let me see, i have lost it. that between 5-10 and 5-14 he was taking up toilets and sinks and ceiling tiles and none of this required permit. when i called the building permit and spoke with somebody and code enforcement he said that it did require a building permit and plumbing. -- and a plumbing permit. mr. daugherty says nothing about
putting them back in the same place until this late date. he is a bit biased, too, i should think, but i think we have presented enough evidence they were doing construction prior to may 24. i talked with several people in the neighborhood who were interested in what was going on, and i believe it was the strategy of bay drugs from the beginning to try to slide this under the radar. their way of doing that was not to apply for a permit. while people were questioning what was going on, none of us thought to say, we need to take photographs for later on, we need to write down what date we looked at this. that is the drawback of not having had them file for a permit when they first started construction, and i believe that was deliberate. i also have 28 more signatures and a letter from the tenants
association stating their support of the appeal to revoke the permit. president goh: thank you. your time is up, man. -- ma'am. >> good evening, commissioners, joe duffy. i like to echo mr. sanchez's, it's -- comments. i was reading up on this today and i think maybe questions for me maybe better than me going off on code sections. if you don't mind, that maybe the best way to do that, if that is what you want.
the ball, so they have advised me if you take mr. fung's if you could shift to mr. fung, i will turn on that one. vice president garcia: the d.c. anything in the papers that caused you to feel if the bi had been aware of anything going on there they would not have been drawn -- it would not have drawn an issue to nov? >> i checked the plumbing fixtures again while i was investigating this in preparation for the hearing. as you state, if you are not cutting at the pipes and removing the fixtures like a toilet or a cent, that would not be able violation. vice president garcia: did you read the material having to do with the counters in the walls? did you feel that perhaps work had been done that was not properly permitted? >> investigating the complaints
that were found -- that were filed, there was one in 2010, worked not according to plans. that was debated by a building inspector on june 1. he saw the work was being done in accordance with the plans. the second complaint was filed on june 8, which was that the work had started without a permit. but by june 8, the permit had been issued for two weeks. the complaint came out a couple of weeks afterward. that was all difficult for us to investigate, because we were not there prepare to the date we said the work was taking place. we were only there after the complaint was filed. our inspectors were there, but it was after the date the permit was issued. according to the complete data sheet i have in front of me. vice president garcia: thank you, mr. duffy. commissioner hwang: did you
have any separate conversation with mr. o'doherty about this case? >> i did not know he was involved until i read the brief this morning. i want to make sure i get that on record. we never discussed this. commissioner hwang: thank you. >> commissioners, the matter is yours. i am sorry. public comment. is there any member of the public who would like to speak on this item? please step forward. president goh: could we get a showing of hands of how many people intend to speak in public comment on this issue? i am seeing 1, 2 below, three, four.
>> step forward. people who are interested in speaking can line up against the wall there. that will help facilitate the board process. and if you have not already filled out the speaker card, it would help the court if you could do that even -- either before or after you speak. they are available on the lectern. thank you. >> it is less than two minutes we have.
this is what we see every day on pill hill. the people selling drugs in this film are less than 200 feet from a day care center or school. and by the way, quite a few people think that it is the point of honor to get their picture taken and put on the internet for selling drugs. they will actually come up to me and smile into the camera. the tall guy is a runner. it is the woman's drugs. the man with her is selling her drugs on the street. they are